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You can try to argue against the suspension. However, because this is a charter school, they ultimately have the final say in what is going to happen. You cannot force your son to attend if the school decides to suspend him once the school reviews the facts and you meet with the board. In other words, the only thing you can do is petition the school to lift the suspension, but they have no legal obligation to do so.
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Can we pose any legal action against the school?
No because the school has not broken any laws.